Common use of Limitation of Liability of the Subadviser Clause in Contracts

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Portfolio including, without limitation, acts or omissions of any brokers, dealers and custodians, except for willful misfeasance, bad faith or gross negligence in the performance of Subadviser's duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Section 6, the term "Subadviser" shall include directors, officers, partners and employees of the Subadviser as well as the Subadviser itself. The Adviser is expressly made a third party beneficiary of this Agreement, and may enforce any obligations of the Subadviser under this Agreement and recover directly from the Subadviser for any liability the Subadviser may have hereunder.

Appears in 3 contracts

Samples: Sub Management Agreement (Asset Allocation Portfolios), Sub Management Agreement (Landmark Funds I), Sub Management Agreement (Asset Allocation Portfolios)

AutoNDA by SimpleDocs

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the a Portfolio including, without limitation, acts or omissions of any brokers, dealers and custodians, except for willful misfeasance, bad faith or gross negligence in the performance of Subadviser's duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Section 6, the term "Subadviser" shall include directors, officers, partners and employees of the Subadviser as well as the Subadviser itself. The Adviser Trust, on behalf of the Portfolios, is expressly made a third party beneficiary of this Agreement, and may enforce any obligations of the Subadviser under this Agreement and recover directly from the Subadviser for any liability the Subadviser may have hereunder.

Appears in 2 contracts

Samples: Sub Management Agreement (Asset Allocation Portfolios), Sub Management Agreement (Landmark Funds I)

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Portfolio including, a Fund including without limitation, acts or omissions of any brokers, dealers and custodians, except for willful misfeasance, bad faith or gross negligence in the performance of Subadviser's duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Section 6, the term "Subadviser" shall include directors, officers, partners and employees of the Subadviser as well as the Subadviser itself. The Adviser Manager is expressly made a third party beneficiary of this thus Agreement, and may enforce any obligations of the Subadviser under this Agreement and recover directly from the Subadviser for any liability the Subadviser may have hereunder.

Appears in 1 contract

Samples: Sub Management Agreement (Variable Annuity Portfolios)

AutoNDA by SimpleDocs

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Portfolio a Fund including, without limitation, acts or omissions of any brokers, dealers and custodians, except for willful misfeasance, bad faith or gross negligence in the performance of Subadviser's duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Section 6, the term "Subadviser" shall include directors, officers, partners and employees of the Subadviser as well as the Subadviser itself. The Adviser Trust, on behalf of the Funds, is expressly made a third party beneficiary of this Agreement, and may enforce any obligations of the Subadviser under this Agreement and recover directly from the Subadviser for any liability the Subadviser may have hereunder.

Appears in 1 contract

Samples: Management Agreement (Variable Annuity Portfolios)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!